Absent leave granted by the Court upon a motion showing compelling circumstances
supporting leave to withdraw, an attorney of record is not permitted to withdraw
within twenty-one (21) days of trial or an evidentiary hearing. At any other time, an
attorney of record may withdraw from a case only under the following circumstances:
(a) By Motion. The attorney files a motion, certifies the motion was served on
the client, makes a showing of good cause, and the Court consents to the
withdrawal on whatever terms the Court chooses to impose. If the withdrawal
will leave the client unrepresented, the motion must include the client's
current email address, mailing address, and telephone number.
(b) By Notice of Withdrawal. An attorney of record may withdraw from a case
by filing a notice of withdrawal stating that the client has been notified of the
withdrawal, if:
(1) multiple attorneys are attorneys of record for the client; and
(2) at least one of those attorneys will remain attorney of record after the
attorney seeking to withdraw does so.
(c) By Notice of Substitution. In cases where an attorney seeks to be substituted
for another as attorney of record, and both attorneys are within the same
governmental department or agency, federal public defender office, or private
law firm, a notice of substitution may be filed. The notice must be filed by the
withdrawing attorney and the substitute attorney with an affirmative
representation stating that the substitution ·is made with the client's consent.
(d) By Notice of Change of Law Firm Affiliation. When an attorney changes
his or her law firm or other legal professional affiliation, but will remain as a
client's attorney of record, the attorney must file a notice of such change in
law firm affiliation and provide complete updated contact information. It
remains the responsibility of each attorney to maintain a current email and
mailing address through their PACER account.
